Bartch v. ND Dept. of Transportation:
The officer followed the petitioner for over 5 miles and observed no traffic violations. The officer then noticed that although the defendant had a current license sticker it was located in an incorrect spot on the license plate as defined by North Dakota law. Additionally, the officer noticed that he had an expired license sticker that was in the correct spot. Based on the this, he pulled over the petitioner's vehicle. Of course, when the officer approached the driver, he "detected the odor of alcohol" and noticed "bloodshot" and "glossy" eyes (it is amazing how every DUI police report says the exact same thing). He was arrested for DUI and his license was revoked.
The petitioner acknowledged the violation but challenged the constitutionality of the stop on the grounds that the statute that gave the Department of Transportation authority to create a crime, and determine where the sticker should be placed, is unconstitutional.
The court rejected the petitioner's argument and basically held that they dont have to decide constitutional arguments if they don't want to. The basic reason for declining to decide the constitutional question was that another statute required that all other proof of registration be removed other than the current registration. Petitioner did not remove the old license sticker.
The specific language the court used: "This Court historically refuses to make "unnecessary pronouncement[s] on constitutional issues" and "premature interpretations of statutes in areas where their constitutional application might be cloudy." State v. Anderson, 427 N.W.2d 316, 319 n.1 (N.D. 1988) (quoting United States v. Raines, 362 U.S. 17, 22 (1960))."
Moral: If the police want to pull you over, they will follow you until they find a reason.
1 comment:
Constitutional question aside, I think a better moral would be DON'T DRIVE UNDER THE INFLUENCE. Especially if you can't put your tabs in the right place. This isn't a matter of the "evil" police targeting a poor drunk, but rather a law enforcement officer fulfilling his sworn duties and responsibilities and doing so completely within the authority with which we as a society have entrusted him:
The final lines of CC 39-04-11 read “An annual registration tab or sticker for the current registration year must be displayed on each number plate, in the area designated by the department for the tab or sticker, in those years for which tabs or stickers are issued in lieu of number plates.”
The DOT clearly indicates on every single annual registration renewal document exactly where on the license plate to affix the tab, and that it is to be placed in the upper-right corner of the plate. Therefore, a tab or sticker which is not displayed in the area designated is tantamount to operating a motor vehicle on public highways and other public roads with invalid registration, a class B misdemeanor (CC 39-04-40). This is done so that law enforcement officers don't have to search all over the car's plates in order to determine if the car's registration is valid. ("But, Your Honor, he [the officer] didn't look on the back side of my plates. That's where I put this year's tabs.")
Further, CC 39-04-40 authorizes the highway patrol and other road or police officers with the enforcement of the provisions of Title 39, which includes the aforementioned section 11.
In the end, a drunk driver got caught and started grasping at any technicality in the law he could dream up.
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